If I resign at my job, can I take all my banked overtime and vacation (+-12 weeks) as days rather than being payed out.

Hi and thank you for using JustAnswer.  My name is ***** ***** I will be assisting you with your question.

Just a general disclaimer that this conversation is for informational purposes only. I am licensed Canadian lawyer; however, you would need to retain a lawyer to take any legal action and/or preserve any of your legal rights. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible.

Good afternoon – you can request that your employer pay you as described; however, legally they need to pay you everything owing within 14 days of your termination date unless your employer agrees to some other mutually agreeable termination date.

It depends when the termination date is. If it’s tomorrow, they need to pay you out everything owing within 14 days unless you both agree to something else. If it’s at some point in the future, then you could use vacation days (if approved by your employer).

Usually that's how it's done. Unless you employer terminated you earlier.

Resigning is you quitting. Termination is when the employer no longer wants you to work for them.

If your last day is 6 weeks from now, then they would need to pay you anything outstanding within 14 days of your last day.

Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.